Free Reply - District Court of Arizona - Arizona

Merchant Transaction Systems, Inc.
vs. I
Nelcela, Inc., et al.
And related Cross and T hirtl-Party Claims
N0. CIV-02-1954-PHX-MHM
I Nelcela, Inc., Len Campagna and Alec Dollarhide’s Reply Q
Statement of Fact in Support of Their Motions for ?
Partial Summary Judgment
EXHIBIT 12
(Hearing Transcript of TRO
— dated May 29, 2001)
Case 2:O2—cv—O1954-I\/IHI\/Iy Document 362-6 Filed O4/24/2006 Page 1 of 4

.1,H I gfr g,r {pyépy Q
1 IN THE SUéERIOR COURT OF THE STATE OF ARIZONA Q
2 IN AND FOR THE COUNTY OF MARICOPA Q
2 ]
4
EBOCOM, INC., a De1aware ) i
5 corporation; POST INTEGRATIONS, ) ¤
INC., an I11inois corporation, ) g
6 ) S
Piaintiffs, ) I
7 ) ;
vs. ) i
8 ) CV 2001—OO9026 ‘
NELCELA, INC., an Arizona ) i
9 corporation; et a1., ) {
D 2
10 Defendants. ) j
...1......1..........................) i
11
13 Phoenix, Arizona i
14 May 29, 2001 E
15 ·
16 T
BEFORE: The Honorab1e EDWARD 0. BURKE, Judge §
17 §
18
REPORTER'S TRANSCRIPT OF PROCEEDINGS 2
19 5
20 _
21 V C
22 I 4
23 · REPORTED BY: PREPARED EoR: I
24 scott M. coniam, RPR . ., 3
Certified Court Reporter < C) . _
25 Certificate Number 50269 — . I 4
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43 j
1 THE WITNESS: It that's what the court requires, i
2 that‘s what I would do. j
3 THE COURT: what's the nature of your contract i
4 with these defendants? 6
5 Nobody mentioned that other than Mr. Firestone 3
6 here today. Q
7 Do you have a written contract with them other i
8 than the mutuai confidentiaiity agreement? 6
9 THE WITNESS: we were working on the substance of i
10 the contract and we were on the finai version of it right E
11 around conversion and we had a Tetter of agreement and i
:12 agreements going back and forth in writing, so we knew what c
13 the intent of moving forward was, and then when the I
14 conversion happened it was such a disaster it was —— we 7
15 couTdn't get back to the contract. t
16 THE COURT: A1] right. Mr. Firestone is going to i
17 have the opportunity to ask you some questions now. i
18 MR. FIRESTONE: Your Honor, I know the court E
19 reporter's been going for an hour. Do you want to take a b
20 break or do you want me to march forward? ?
21 i THE COURT: He's young and peppy. HE never needs g
_22 a break. Doesn‘t care whether I vioiate Federai Taw, do g
23 you, Mr. C? T
24 .
25 CROSS-EXAMINATION
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44
1 BY MR. FIRESTONE: A
2 Q. Miss Gerdts, my name is Merrick Firestone and I i
3 represent Nelcela as well as Len and Alec. I've got a 5
4 handful of questions I want to ask you. Q
5 It you can't understand me or you can't hear me,
6 please let me know. Fair enough? f// .
7 A. Great. I‘m having a little trouble hearing you. {
8 o. okay. Q
9 THE COURT: You could probably hear him without 7
10 the phone. Q
11 Q. BY MR. Fmesioue: my first question to you is, do
` 12 you have a written contract with Nelcela that you can point E
13 me to? Q
14 A. No, we do not have a written contract For the E
15 processing services being provided, no.
16 Q. Do you have a written contract for the purchase of Q
17 the Nelcela Merchant System? I
18 A. No. ,
19 Q. D0 you have a written contract for the purchase of Q
20 the Nelcela Terminal Driver System? l
21 A. No. Q
22 Q. So all these claims that you are talking about are 7
23 based in part on, what, your understanding of conversations?
24 Ms. UGLIEWA: object to the form. T
25 THE WITNESS: No, I have an understanding in l
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